Failure to Timely Deliver. (a) If on or prior to the Required Delivery Date either (I) if the transfer agent is not participating in the DTC Fast Automated Securities Transfer Program, the Company shall fail to issue and deliver a certificate to Investor and register such Common Shares on the Company’s share register or, if the transfer agent is participating in the DTC Fast Automated Securities Transfer Program, credit the balance account of Investor or Investor’s designee with DTC for the number of Common Shares to which Investor submitted for legend removal by Investor pursuant to clause (ii) below or otherwise or (II) if the Company’s transfer agent is participating in the DTC Fast Automated Securities Transfer Program, the transfer agent fails to credit the balance account of Investor or Investor’s designee with DTC for such number of Common Shares submitted for legend removal by Investor and the Company fails to promptly, but in no event later than two (2) Business Days (x) so notify Investor and (y) deliver the Common Shares electronically without any restrictive legend (so long as there is an effective Registration Statement covering such Common Shares) by crediting such aggregate number of Common Shares submitted for legend removal by Investor to Investor’s or its designee’s balance account with DTC through its Deposit/Withdrawal At Custodian system, and if on or after such Trading Day Investor purchases (in an open market transaction or otherwise) Common Shares to deliver in satisfaction of a sale by Investor of Common Shares submitted for legend removal by Investor that Investor is entitled to receive from the Company (a “Buy-In”), then the Company shall, within two (2) Business Days after Investor’s request and in Investor’s discretion, either (i) pay cash to Investor in an amount equal to Investor’s total purchase price (including brokerage commissions, borrow fees and other out-of-pocket expenses, if any, for the Common Shares so purchased) (the “Buy-In Price”), at which point the Company’s obligation to so deliver such certificate or credit Investor’s balance account shall terminate and such shares shall be cancelled, or (ii) promptly honor its obligation to so deliver to Investor a certificate or certificates or credit the balance account of Investor or Investor’s designee with DTC representing such number of Common Shares that would have been so delivered if the Company timely complied with its obligations hereunder and pay cash to Investor in an amount equal to the...
Failure to Timely Deliver. If the Company fails to issue and deliver (or cause to be delivered) to the Buyer by the Required Delivery Date a new Note so delivered to the Company by such Buyer that is free from all restrictive and other legends, then, in addition to all other remedies available to such Buyer, the Company shall pay in cash to such Buyer on each day after the Required Delivery Date that the issuance is not timely effected an amount equal to 2% of the original principal amount of such Buyer’s Note.
Failure to Timely Deliver. If the Company shall fail for any reason or for no reason to issue to a Purchaser unlegended certificates by the Deadline Date, then, in addition to all other remedies available to such Purchaser, the Company shall pay to such Purchaser, in cash, as partial liquidated damages and not as a penalty, $2,000 per Trading Day for each Trading Day after the Deadline Date until such certificate is delivered without a legend.
Failure to Timely Deliver. If the Company fails to (i) issue and deliver (or cause to be delivered) to a Buyer by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Buyer that is free from all restrictive and other legends or (ii) credit the balance account of such Buyer’s or such Buyer’s nominee with DTC for such number of Warrant Shares so delivered to the Company, then, in addition to all other remedies available to such Buyer, the Company shall pay in cash to such Buyer on each Trading Day beginning on the 2nd Trading Day after the Required Delivery Date that the issuance or credit of such shares is not timely effected an amount equal to 1% of the product of (A) the number of Ordinary Shares not so delivered or credited (as the case may be) to such Buyer or such Buyer’s nominee multiplied by (B) the Closing Sale Price of the Ordinary Shares on the Trading Day immediately preceding the Required Delivery Date.
Failure to Timely Deliver. At any time when Borrower has failed timely to deliver any information required to be delivered by this Agreement, Agent may in Agent's discretion estimate the information that Borrower should have, but failed to, deliver. All rights and obligations under this Agreement (including Borrower's compliance with the financial covenants in Section 7.1 and the occurrence of any Default or Event of Default) shall be determined based on such estimated information unless and until Borrower shall have delivered actual information in compliance with this Agreement. Nothing in this paragraph shall be deemed to waive any Default or Event of Default arising from Borrower's failure to deliver any information required by this Agreement.
Failure to Timely Deliver. Timely delivery of Goods is of the essence. A delivery of Goods is untimely if all Goods on a given Contract Confirmation are not received in full within fifteen (15) days of the agreed upon Delivery Date. Upon failure by Seller to timely deliver Goods, Buyer may, in its sole discretion: (a) afford Seller additional time to fulfill the Contract Confirmation subject to Seller’s agreement to a mutually agreeable discount on the Price;
Failure to Timely Deliver. If Licensor shall fail to deliver the required items by the aforesaid time (subject to force majeure), CTHV shall have the right to (i) itself supply the items at Licensor's cost, or to require Licensor to promptly supply such items, or (ii) terminate this Agreement upon written notice to Licensor, and upon such termination, CTHV shall be (A) relieved of all obligations to Licensor hereunder, and (B) Licensor shall reimburse CTHV for all out-of-pocket expenses and costs theretofore incurred including, but not limited to, Licensor Distribution Expenses previously paid to Licensor under this Agreement.
Failure to Timely Deliver. If the Company fails to issue and credit (or cause to be credited) by the Required Delivery Date to the balance account of Buyer’s or Buyer’s nominee with DTC for such number of Securities required to be delivered to the Company, then, in addition to all other remedies available to Buyer, at the sole discretion of Buyer, the Company shall:
Failure to Timely Deliver. If the Company fails to (i) issue and deliver (or cause to be delivered) to a Purchaser by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Purchaser that is free from all restrictive and other legends or (ii) credit the balance account of such Purchaser’s or such Purchaser’s nominee with DTC for such number of Shares or Warrant Shares so delivered to the Company, in addition to such Purchaser’s other available remedies, the Company shall pay to a Purchaser, in cash, as partial liquidated damages and not as a penalty, for each $1,000 of Securities (based on the VWAP of the Common Stock on the date such Securities are submitted to the Transfer Agent) delivered for removal of the restrictive legend and subject to Section 4.1(c), $10 per Trading Day (increasing to $20 per Trading Day five (5) Trading Days after such damages have begun to accrue) for each Trading Day after the Required Delivery Date until such certificate is delivered without a legend or the Purchaser’s DTC account is so credited. Nothing herein shall limit such Purchaser’s right to pursue actual damages for the Company’s failure to deliver certificates representing any Securities as required by the Transaction Documents, and such Purchaser shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
Failure to Timely Deliver. If Tenant fails to timely deliver to Landlord and/or Mortgagee, as applicable, any of the financial statements, certificates and other reports or information required under this Paragraph 18, and such default continues for thirty (30) days, then provided Landlord has given Tenant at least fifteen (15) days written notice of such failure to timely deliver, then at Landlord's option and in its sole discretion, Tenant shall pay Landlord a fee in the amount of five thousand dollars ($5,000.00). Said fee shall be in addition to, and not in substitution for, any and all other remedies otherwise available to Landlord as a result of such a default.
